McKnight v. General Motors Corp.

750 So. 2d 454, 2000 La. App. LEXIS 57, 2000 WL 61322
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2000
DocketNo. 32,629-CA
StatusPublished
Cited by1 cases

This text of 750 So. 2d 454 (McKnight v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKnight v. General Motors Corp., 750 So. 2d 454, 2000 La. App. LEXIS 57, 2000 WL 61322 (La. Ct. App. 2000).

Opinion

J^NORRIS, Chief Judge.

This is a worker compensation case that arose before the creation of the WCJ system. The employer, General Motors, appeals a judgment of the District Court finding the claimant, Mary Ann McKnight, to be temporarily, totally disabled on physical and emotional grounds. For the reasons expressed, we affirm.

Factual background

Ms. McKnight went to work for GM at its Shreveport plant in 1983. Initially she worked the night shift, off-line. She had no problems, physical or mental, until she moved to the day shift in July 1984, taking an assembly line job installing transmission bolts. This involved using a torque gun. She testified that she injured her arm, developing tendinitis from flipping the torque gun. After two months the plant doctor, Dr. Osetinsky, restricted her work. In the ensuing months, labor and management moved her to various jobs, including one on the motor line. During this time frame, however, she was usually working in pain.

Ms. McKnight testified that when she was moving from job to job and trying to work in pain, she began to suffer stress and anxiety that she might be fired because she could not perform her job properly. She testified that her supervisor on the motor line, Gary Burcham, was insensitive to her complaints of pain and watched her more closely than other employees. She also testified that he threatened her with termination within 30 days if she did not improve her speed. She described his conduct as “harassment.” She also related suffering from panic attacks, especially on her morning drives to GM.

She also testified, however, that from January 1985 through April 1986, she was on the U-bolt line; although she was “real stressed” during this time, she had no significant physical problems until April 1986, when her arm pain recurred. This time, however, it was not just in the elbow, but also shooting up into her neck Land shoulder. Dr. Osetinsky gave her anti-inflammatories and by August he advised her to see a specialist.

In August 1986 she went to Dr. Ragan Green, an orthopedist. He diagnosed epi-condylitis, cervical disc disease in her neck, and declared her disabled. She went off work in August 1986, drawing compensation. In early 1987 Dr. Green assessed a five percent permanent disability of her right arm; in October 1987 he released her to resume working, but with such restrictions (20 pounds maximum lifting, no twisting of the right arm) that GM could find no suitable jobs. Feeling that conservative treatment was not succeeding, Dr. Green operated on her arm (a modified Bosworth procedure) in March 1988. According .to Ms. McKnight, this was not successful, as she still has “real bad shooting pains” in her elbow. Dr. Green stated in deposition, in March 1993, that Ms. McKnight is still under the 1987 restrictions.

Ms. McKnight also testified that while she was suffering with arm and neck pain, and struggling to work, her anxiety and [456]*456depression had begun to recur. Starting in August 1986, when she was not working, she was tormented not only by the pain but by the fear that she would never work again. In 1986 she began seeing a psychiatrist, Dr. Campbell, who put her on Prozac and Xanax. He related her emotional problems to the job at GM, since she had never had them before. In August 1988, after Dr. Campbell’s retirement, Ms. McKnight went to another psychiatrist, Dr. Clifton Dopson, who also found depression and anxiety. He related this to her chronic pain and difficulties at work, recurrent injuries, and attempts to work before her arm had fully healed. He placed her on an assortment of drugs but ultimately returned her to Prozac and Xanax.

Finally, in October 1988, GM called her back to work. Personnel, the union representative and Dr. Osetinsky had decided she could work the axle schedule | aline without exceeding restrictions; Dr. Green had not been consulted. She reported to work but almost immediately re-injured her arm and began having pain in her neck, back and legs. She reported to Dr. Osetinsky, who bandaged her up and told her to keep trying. She could not keep up with the line and, at one point, got the schedule out of order, causing the line to stop. She testified that her supervisor, someone named Bill, accused her of mixing up axles on purpose; calling her into his office, he told her the job was too hard for her, that the next day she would be on the line by herself, and if she messed up one more time, she’d “had it.” Bill was not called to testify. Ms. McKnight also testified that her former supervisor, Gary Burcham, stood around and intimidated her, but he denied this, saying he was stationed in another part of the plant.

Ms. McKnight testified that this confrontation made her almost hysterical and gave her a panic attack. She went to Dr. Green, her orthopedist. He diagnosed a panic attack and advised her not to return to the axle schedule job as it was too hard for her. He also instructed her to see her psychiatrist.

She went to Dr. Dopson, who advised her to check into Humana Hospital Brent-wood, a mental health facility. She did so; the admitting physician noted that chronic arm and neck pain, together with inability to work, had prompted the episode of major depression. She remained in Brent-wood for six weeks. She has never returned to any kind of work since her last Friday,.October 8,1988, at GM.

GM’s compensation administrator, Ms. Hine, testified that neither Dr. Dopson nor Brentwood initially attributed her depression to work, so GM did not treat this as a comp claim. Instead, Ms. McKnight drew extended disability benefits of about $800 a month from October 1988 through December 1989. She then converted to sick leave of about $300 a week, part of which is paid by comp.

| /¡Procedural background

Pursuant to the former OWC procedure, GM submitted Ms. McKnight’s claim for temporary, total disability to a referee. GM accepted the referee’s recommendation in June 1989. Ms. McKnight disagreed, however, and elected to file the instant suit in August 1989.

Trial was held over two days in March 1993. Ms. McKnight testified that she is still under the care of Drs. Green and Dopson, requiring frequent cortisone shots for her arm and back pain and daily doses of Prozac and Xanax. She said she would like to work, but doesn’t think she can do any jobs at GM. She added that in her current state, she is virtually a recluse. She admitted that between 1986 and 1988 there were other major stressors in her life (death of her mother and aunt, hysterectomy, family and financial issues). However, she sincerely believed the stress of working at GM, including fear that she could not do her job, and harassment by her supervisors, caused her to become incapacitated. Gary Burcham, her former supervisor, denied that he threatened or [457]*457harassed her, but admitted that supervisors have to “watch” their line workers. Both Burcham and Ms. Hine testified that under the union contract, it was impossible for anyone to be discharged for low production within a 30-day time frame. Although the testimony was extensive, the District Court held the record open for the admission of medical evidence.

A brief hearing was conducted in April 1996, at which time Ms. McKnight introduced the medical depositions. Dr. Green, the orthopedist, was certain that work caused her elbow problems, but was equivocal about the source of her neck and back pain. He concluded that from an orthopedic standpoint, she was not disabled, but she could not do any work that involved torquing her right arm. Dr.

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750 So. 2d 454, 2000 La. App. LEXIS 57, 2000 WL 61322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcknight-v-general-motors-corp-lactapp-2000.